If you're injured at a wedding or private function in Queensland, the venue owner typically holds primary responsibility for maintaining safe premises. However, liability can also extend to event organisers, caterers and even security providers, depending on the cause of your injury.
It’s crucial you know who bears responsibility because you only have three years from the date of injury to begin legal proceedings, and determining the correct defendant early protects your right to compensation.
No matter if you've slipped on a wet dance floor, suffered food poisoning from catering or gotten hurt because of inadequate security, you deserve to fully understand your rights and be compensated.
This handy guide will explain the legal responsibilities of different parties, common scenarios in which liability arises and the practical steps you must take in order to protect your compensation claim.
Understanding Liability at Weddings and Private Functions
Who owes you a duty of care when you attend a private event?
There could be multiple parties who owe you legal duty of care at weddings and private functions.
Venue owners or occupiers have a fundamental duty to maintain safe premises and minimise foreseeable risks to guests. This includes ensuring floors are safe, lighting is adequate and structural elements like stairs and railings are properly maintained.
Event organisers or hosts bear responsibility for any risks arising from the way they set up the event. This includes the placement of decorations, furniture and temporary structures.
Third-party contractors like caterers, security firms and equipment hire companies will have duties specific to their services.
Practical examples:
- A hotel hosting a wedding reception would have to make sure that their dance floor is safe, regularly inspected and promptly cleaned in case of any spills occurring.
- If the people in charge of decorating the venue put candles near curtains or cause trip hazards with electrical cords, they may share liability for any resulting injuries.
- A catering company preparing food for 150 guests must follow proper food safety protocols under the Food Act 2006 (Qld).
Your Rights and Entitlements
What you're entitled to:
- Medical expenses: full reimbursement for all treatment costs, including GP visits, specialists, physiotherapy, medication and future medical care which arise due to your injury.
- Lost income: compensation for any wages lost during your recovery, as well as future earning capacity in case your injury affects your ability to work long-term.
- Pain and suffering: general damages for physical pain, emotional distress and reduced quality of life caused by the injury.
- Out-of-pocket costs: pay outs for travel to medical appointments, any domestic assistance required, equipment like crutches and wheelchairs, as well as other reasonable expenses.
- Loss of consortium: in cases involving severe injuries which exceed specific thresholds, your spouse may claim for their losses resulting from your injury.
What you must do:
- Report the incident immediately: notify the management of the venue where the injury occurred, and ensure you get a written incident report with details of what happened and any hazards identified.
- Seek medical attention promptly: see a doctor as soon as you can, even if your injuries seem minor at first. This is important as it establishes medical evidence linking your injury to the incident.
- Lodge Notice of Claim: under the Personal Injuries Proceedings Act 2002 (Qld) (PIPA), you have to provide written notice within 9 months of the injury or 1 month of speaking to a lawyer.
- Preserve evidence: keep the clothing and footwear you were wearing at the time of the accident; photograph the scene and any visible injuries; and collect contact details from anyone who witnessed the incident.
Common Scenarios and Questions
I slipped on a wet dance floor at a wedding reception, can I claim compensation?
Quick answer: if the venue failed to maintain the dance floor safely, you can. Venues can be held liable if they don't implement adequate cleaning systems, promptly address spills and/or neglect routine inspections of high-risk areas like dance floors.
What to do:
- Take photos immediately of the wet area. Ensure you include any visible spills and the absence of warning signs (if applicable).
- Identify witnesses who saw the hazard before your slip or can confirm how long the spill had been there.
- Report what happened to venue management and insist on a written incident report documenting the wet floor and circumstances of your fall.
- Seek medical attention, even for seemingly minor injuries, because soft tissue damage can worsen over time.
Important note: venues can be found liable for failing to remove spilled liquid in a timely manner, not implementing an adequate cleaning system and neglecting to regularly inspect dance floors.
I got food poisoning from the wedding catering, who do I sue?
Quick answer: primary liability will generally be with the caterer who prepared and served the food. However, the venue may also be liable if they were in control of the kitchen facilities or food preparation areas.
What to do:
- Obtain medical testing which confirms a foodborne illness and identifies the specific pathogen, if possible.
- Document what you ate, including the menu, specific dishes consumed and timing of food service.
- Report the issue to health authorities by contacting your local council's environmental health officer, who may investigate the caterer.
- Identify other affected guests, as multiple people falling ill at the same time will strengthen the causal link between the food that was served and your illness.
- Request food handler records through your lawyer, including the caterer's food safety certifications and venue kitchen inspection reports.
Important note: food safety obligations fall under the Food Act 2006 (Qld), and create statutory duties that can establish negligence even without proving the exact point of contamination. Always act quickly because food poisoning claims require prompt medical evidence.
I tripped on decorations or temporary structures at the event, who is liable?
Quick answer: in cases such as these, liability will depend on who installed the decorations or structures and who was in control of that particular area of the venue. Event organisers may be liable for hazards they introduced, while venues bear responsibility for inherent premises risks.
What to do:
- Photograph the hazard, ensuring you show exactly what caused your trip (electrical cords, decorative elements, unstable furniture, temporary staging, etc.).
- Clarify responsibility by determining whether venue staff or the event organisers are responsible for the item that caused your fall.
- Document lighting conditions, as poor lighting can contribute to liability even if the decorations themselves weren't inherently dangerous.
- Obtain the hire agreement through your lawyer so you can understand the contractual division of responsibilities between the venue and event organiser.
Important note: even if event organisers were responsible for creating the hazard, venues can't completely delegate their duty of care. Courts may find both parties liable for failing to identify and address obvious risks.
The venue is claiming I signed a waiver, does this prevent me from claiming?
Quick answer: waivers and exclusion clauses in venue terms and conditions are generally ineffective against negligence claims. Queensland law doesn't allow venues to get out of their duty of care to guests via contracts.
What to do:
- Provide the waiver to your lawyer for review, as its enforceability depends on the specific wording and how it was presented.
- Don't assume it means you can’t make a claim, because even broadly worded waivers can't typically exclude liability for negligent acts which lead to personal injury.
- Proceed with your claim, as waivers may only be relevant to voluntary assumption of obvious risks in specific recreational activities, not to venue maintenance failures.
Important note: the Civil Liability Act 2003 (Qld) limits when "obvious risk" and voluntary assumption principles apply. A waiver doesn't mean venues don’t have to maintain safe premises or address hazards they created.
I was drinking alcohol when I got injured, will this affect my claim?
Quick answer: being intoxicated can reduce your compensation if it can be proven that it contributed to the incident, but it doesn't automatically mean you can’t make a successful claim. Courts will assess whether a sober person would have avoided the hazard.
What to do:
- Be honest with your lawyer about your alcohol consumption, as this will emerge during the claims process anyway.
- Gather evidence about the hazard which shows it would have injured anyone no matter their level of intoxication.
- Document venue failures, including over-service of alcohol, lack of responsible service practices and/or failure to manage intoxicated patrons.
Important note: the Civil Liability Act 2003 (Qld) allows courts to reduce damages based on contributory intoxication; however, if the venue was significantly negligent (like failing to clean a major spill on the dance floor), you may still recover substantial compensation despite being intoxicated.
Step-by-Step Process to Make a Claim
- Seek immediate medical attention. Visit your GP or hospital emergency department at the earliest opportunity after the injury. Medical records from shortly after the incident provide crucial evidence linking your injury to the event and establish the severity of the incident.
- Document the scene and your injuries. Take photographs of the hazard that caused your injury, as well as the surrounding area and any visible injuries. Return to photograph the scene again if possible as hazards may be fixed quickly.
- Report the incident formally. Notify the venue’s management in writing and request a copy of their incident report. If they refuse to provide one, take note of the names of the staff you spoke with and the time you reported the incident.
- Collect witness information. Get the names, phone numbers and email addresses of anyone who saw the incident or can verify the hazard existed. Witness memories fade quickly, so brief written statements taken within days are very valuable.
- Preserve physical evidence. Keep the clothing and footwear you were wearing when the incident occurred in a sealed bag, as it may show evidence of the hazard (liquid stains, food residue, etc.). Don't wash or repair them until your lawyer says so.
- Keep detailed records. Maintain a folder with all medical reports, receipts for expenses and pay slips showing lost income. It’s also a good idea to keep a diary documenting pain levels, limitations on activities and how the injury affects your daily life.
- Consult a personal injury lawyer. Never accept any offers from insurance companies or sign documents provided by the venue until you have spoken to a lawyer. Initial consultations with specialist lawyers are typically free, and No Win, No Fee arrangements mean no upfront costs.
- Lodge Notice of Claim. Your lawyer will prepare and serve a formal Notice of Claim under PIPA, typically within 9 months of injury. This will trigger mandatory pre-court procedures, including an exchange of medical evidence and a compulsory conference to attempt to come to a settlement.
Documents you'll need:
- Medical records and reports. Obtain copies from your GP, specialists, physiotherapists and hospitals.
- Financial documentation. Gather pay slips, tax returns, employment contracts and employer letters showing lost work time.
- Incident evidence. Compile photographs of the scene and your injuries, witness statements, the venue's incident report, police reports (if applicable) and any correspondence with the venue and/or their insurer.
Legal Framework
Primary legislation: claims for injuries suffered at weddings and private functions fall under Queensland's public liability law, which is primarily governed by the Civil Liability Act 2003 (Qld) and procedurally managed through the Personal Injuries Proceedings Act 2002 (Qld).
What this means for you:
- You must prove that the venue, organiser or service provider owed you a duty of care, that they breached that duty by failing to take reasonable precautions, and that this breach caused your injury.
- The limitation period is 3 years from the date of injury to commence court proceedings, with very limited exceptions for extending this deadline.
- Before litigation, you must follow PIPA's mandatory steps, including lodging a Notice of Claim, attending a compulsory conference and exchanging medical evidence with the defendant.
- Your compensation may be reduced if you contributed to your own injury through intoxication or failing to take reasonable care for your own safety.
When to Seek Legal Advice
It’s always a good idea to seek legal advice at the earliest possible opportunity, especially if:
- Your injuries require surgery or specialists indicate you may suffer a permanent impairment, scarring or ongoing treatment needs that go beyond basic GP care.
- You've lost income or had your capacity to work affected by the injury. In cases such as these, you will be able to seek compensation for both past losses and reductions to your future earning capacity.
- There may be multiple parties and you're unsure if you should claim against the venue, event organiser, caterer and/or other providers.
- The venue or their insurer is disputing liability by claiming that the hazard which caused the injury was obvious, that you were intoxicated, or that they had sufficient safety systems in place.
- You're approaching time limits, particularly the 3-year limitation period. This is important because lawyers need time to properly investigate, value and negotiate your claim before the expiry of this deadline.
- The incident involved food poisoning or security failures requiring specialised evidence like health department investigations or expert reports on venue security standards.
Get Help Now
If you've been injured at a wedding or private function and believe the venue, organiser or service provider may be at fault, getting early legal advice helps you understand your rights, access the rehabilitation you need and protect your rights to compensation.
Many slip and fall public liability claims succeed when proper evidence is gathered promptly and claims are managed by lawyers experienced in Queensland's public liability law.
Contact Smith's Lawyers today:
- Call: 1800 960 482 for a free, no-obligation consultation with our personal injury team who can assess your situation and explain your options
- No upfront costs: we operate on a No Win, No Fee, No Catch® basis, meaning you don't pay legal fees unless you successfully recover compensation
- Or request a call back: use the form below to have our experienced team contact you at a time that suits your schedule and discuss your wedding or function injury claim
Our Queensland-based personal injury lawyers understand the complexities of venue liability, event organiser responsibilities and the evidence needed to prove these claims. We'll handle negotiations with insurance companies while you focus on your recovery.
